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Same Sex Marriage And The Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 1107174295
Size: 31.82 MB
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A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.

Same Sex Marriage And The Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 1316802760
Size: 28.53 MB
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In 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessible to anyone interested in same-sex equality, the Supreme Court or constitutional law generally.

Same Sex Marriage And The Constitution

Author: Evan Gerstmann
Publisher: Cambridge University Press
ISBN: 113947071X
Size: 16.25 MB
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Following the widely reviewed success of the first edition, the updated and expanded second edition of Same-Sex Marriage and the Constitution argues that there is a long-standing constitutional protection of the right to marry that applies to same-sex couples. Balancing strong advocacy of this position with respectful engagement with those who oppose same-sex marriage, Evan Gerstmann concludes not only that the Constitution protects same-sex marriage but that it is the proper role of the courts to enforce this right. The book also takes on many of the same-sex marriage myths: that it will lead down that 'slippery slope' to such things as polygamy, that same-sex marriage has been a political albatross for liberals and progressives, and that courts are 'usurping' the democratic process. Without overheated rhetoric or legal jargon, Gerstmann makes the case for same-sex marriage as a constitutional guarantee.

Legally Wed

Author: Mark Strasser
Publisher: Cornell University Press
ISBN: 1501717723
Size: 73.93 MB
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In a new preface, Mark Strasser discusses recent developments in the legal battle over same-sex marriages in Hawaii. He anticipates the likely state and nationwide impact of the Hawaii Supreme Court's decision. Mark Strasser examines the issue of same-sex marriage in light of contemporary constitutional and domestic relations law, showing why the usual arguments against recognizing such unions are either weak or irrelevant. The Supreme Court has articulated numerous interests promoted by marriage, all of which apply to same-sex as well as opposite-sex couples. According to Strasser, the argument made most frequently to deny recognition to same-sex unions—that marriage exists to provide a setting for the production and raising of children—is in fact a reason to acknowledge such unions. The claim that marriage is for children biologically related to both parents is refuted in the case law, which treats biological and adopted children as legally indistinguishable. Strasser explains Baehr v. Lewin, the precedent setting case in Hawaii, and addresses the implications of state-by-state decisions to ban or recognize same-sex unions. He analyzes what it would mean to say that a policy violates the Equal Protection or Due Process Clauses of the Constitution, and compares biased polices that target gays and lesbians with those that victimize racial minorities. Strasser argues that the Defense of Marriage Act (DOMA) is both unconstitutional and a public policy disaster. It does not give states additional rights with respect to which marriages they need not recognize, Strasser explains, but only with respect which divorces they need not recognize. For example, DOMA seems to allow an individual to avoid a court-imposed duty to support an ex-spouse of the same sex simply by changing his or her domicile. Moreover, Strasser argues, DOMA is an open invitation for states to demand exceptions that will wreak havoc in domestic relations law. In a recent response to conservative arguments about marriage, Legally Wed explicates established and involving legal principles, and shows how invidiously these have been applied to the issues of gay rights in general and same-sex unions in particular.

Same Sex Marriage And American Constitutionalism

Author: Murray Dry
Publisher: Paul Dry Books
ISBN: 1589881028
Size: 35.38 MB
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The two-decades-long controversy over same-sex marriage in the United States was finally resolved on June 26, 2015, when the U.S. Supreme Court handed down its decision in Obergefell v. Hodges, which held that the Fourteenth Amendment’s Due Process and Equal Protection Clauses required states to allow same-sex couples to marry on the same terms as opposite-sex couples. Under our American system of government, divisive and often abiding disputes may be resolved either through legislation or judicial decisions. In Same-Sex Marriage and American Constitutionalism, Murray Dry explains why the process by which Americans arrive at these resolutions can be as important as the substance of the resolutions themselves. By taking up the question of same-sex marriage, Dry excavates the bases of why and how Americans decide as we do (and as we have done when major questions arose in the past; think: school integration, abortion, gun control, and campaign finance). As Professor Dry retraces the path that same-sex marriage took as it wended its way through the political (that is, the legislative) process and through the court system, he finds a vivid framework for the question, “Who should decide?” It’s a question often overlooked, but one that Dry believes should not be. He argues convincingly that it does matter whether the Supreme Court or the legislature makes the final decision—so that court-mandated law does not threaten democratic representative government, and so that legislation does not trample on fundamental constitutional rights.

Same Sex Marriage

Author: Robert M. Baird
Publisher: Pyr Books
ISBN:
Size: 45.96 MB
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The issue of same-sex marriage has attracted the attention of the nation and has become one of the most heated social controversies. This completely revised and updated second edition of "Same-Sex Marriage" presents a balanced selection of the latest, the most diverse, and the most clearly argued positions advocated by academics, politicians, journalists, attorneys, judges, and activists.

The Challenge Of Same Sex Marriage

Author: Mark Philip Strasser
Publisher: Greenwood Publishing Group
ISBN: 9780275966249
Size: 63.30 MB
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This text examines the constitutional dimensions of the same-sex marriage referenda in Hawaii and Alaska, and discusses the limited conditions under which the US constitution allows states to refuse recognition of same-sex marriages validly celebrated in a sister state.

Same Sex Different States

Author: Andrew Koppelman
Publisher: Yale University Press
ISBN: 9780300135138
Size: 33.58 MB
Format: PDF
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This book is a comparative history devoted to the revolutionary tradition in the West as it evolved over many centuries and reached its logical, though extreme, culmination in the Communist revolutions of the twentieth century. Unique in the breadth of its scope, "History's Locomotives" is also unique in its interpretation of the origins and history of socialism as well as the meanings of the Russian Revolution, the rise of the Soviet regime, and the ultimate collapse of the Soviet Union. The masterwork of a historian in whom a fine sense of historical particularity never interfered with the ability to see the large picture, this book explores religious conflicts in fifteenth- and sixteenth-century Europe, the revolutions in England, American, and France, and the twentieth-century Russian explosions into revolution. Malia finds that twentieth-century revolutions have deep roots in European history and that revolutionary thought and action underwent a process of radicalization from one great revolution to the next. He offers an original view of the phenomenon of revolution and a fascinating assessment of its power as a driving force in history.

Same Sex Marriage

Author: Jeanne Nagle
Publisher: The Rosen Publishing Group, Inc
ISBN: 1435835824
Size: 56.64 MB
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Provides information on same-sex marriage and different viewpoints on the issue.